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Return of Plaint
If, at any point during the suit proceedings, the court determines that it lacks jurisdiction—whether territorial, pecuniary, or related to the subject matter—it will return the plaint to be presented to the appropriate court where the suit should have originally been filed.
Rule 10-A outlines the procedure to be followed before the plaint is returned, aiming to eliminate the need for serving summons on the defendants if the return of plaint occurs after their appearance in the suit.
An appellate court also possesses the authority to return the plaint to the proper court.
The judge returning the plaint should endorse the following details on it:
(i) the date of presentation,
(ii) the date of return,
(iii) the name of the party presenting it, and
(iv) the reasons for its return.
However, during the consideration of returning the plaint, only the averments in the plaint should be examined. Additionally, the plaint should be interpreted in a holistic manner to discern the true intention behind the suit.
When the plaint is refiled in the appropriate court after being returned from the wrong court, it does not constitute a continuation of the suit.
Instead, the suit is deemed to commence anew when the plaint is filed in the proper court. An order returning the plaint is subject to appeal.
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